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HomeMy WebLinkAbout1915-21 Spec Election Electric Light Plant Purchase r _ R 15-2f I T?ESOLTJTTION CALLING SPECIAL i ELECTION Al-ENDING MILKER 1 =30VIDING FOR THE PD_ CHASE 1 OF THE ELECTRIC LIGHT PLANT. LAW OFFICE OF W. J. MOORE I ASHLAND. OREGON I I - -s Resolution Calling Special Election to Amend Charter. WI EREAS, At-a special election held in the City of Ashland, Oregon on Noveruber 17, 1914, Section 19 of Article 7 of the charter of said city was amended and adopted by tale qualified voters of said city, which said Section 19 so adopted authorizes the common council, when authorized by a vote of a majority of I the electors of said city voting on the question, to borrow on behalf of said city, pledge its credit, and issue negotiable bonds for the purpose of constructing, acquiring, or completing, among other things, electric light and poorer plant or plants, and for enlargements, additions or extensions thereto; and WHEREAS, It is considered and determined by tale common council for tale best interests of the City to acquire by purchase the electric klant and distributing system of Ashland Electric Power & Lig;lt Company, an Oregon corporation, heretofore and now engaged in operating said plant and selling electricity to certain ! of the inhabitants of the city, and securing the surrender of the right, privilege and franchise under which the said company has heretofore and is now maintaining its plant and distributing system and selling electricity in.said city, nd thereby securing unto the City all of the distribution and sale of electricity therein; and I WIEREAS, A contract in writing between the City and California-Oregon Power Company, a corporation, which controls the ~ i' properties, assets and business 'of Ashland Electric Povre-r & Light I ~ / A 1 Company, has been heretofore on the /Vth day of 1915, author- ized and on AU-S.80, 1915, executed by the City by and through its mayor and recorder and by the Company by and through its president I' and secretary, whereby, among other things, the sale of such of j the property and distributing system of Ashland Electric Poorer & it Light Company as the City may determine upon may be sold to and I purchased by the City and a certain lot conveyed. and its franchise surrendered to the City and electricity for the Cityvs needs be sold and delivered to the City for P. period of tarenty years, at prices agreed upon therein; and WHEREAS, By the terms of said contract the same shall not become operative or effective until ratified, adopted and. fonfi-rmed by a vote of the qualified voters of the city at a special election to be held for such purpose; and WHEREAS, Under the terms and limitations of Section 19 of the charter of the city, and other provisions of said charter, the common council and the city is prohibited from fully cas•rying out all of the terms and conditions of said. contract without the adop- tion of a sinking fund for the -redemption of bonds, the creation of a special electric fund, and the retification of the said contract; and W11EREAS, Under authority granted to the common council by and under Section 6 of Ordinance ~ 357, approved August ln, is _,0,;, authorizing the common council of the City of Ashland to call special elections at any time for the purpose of amending the charter of said city a non a resolution proposed by said. coim;.on council, which elec- tion shall be held after due notice thereof and the appointment of judges of said election shall have been given by publication in a newspaper published in the city or by conspicuously posting a notice in each of the wards of said city not less than ten days prior to any election: 1,T4, TIMRE ORE, BE IT RESOLVED By the Common Council of the City of Ashland in regular adjourned session assembled on this lost day of 1915, that a special election of the qualified electors of the City of Ashland is hereby celled and appointed to be held on the 5 sZ day of August, 1915, for the purpose of submitting to the electors the follocring amendment to the charter and charter provision 2 fo-r their approval or rejection, to-•:rit: An Act to Amend the Charter of the City of Ashland, Oregon, said charter being that certain act of the Legislative i Asse;bly of the State of Oregon, filed in the office of the i secretary of state, October 14, 1908, entitled "An Act to Amend an Act entitled 'Am Act to Incorporate the City of Ashland in i Jackson County, Oregon, and to define the poorer thereof', filed in the office of the secretary of state, February 21, 1889, and the acts approved February 25, 1895, axlendir_g the same", as amended by all acts subsequent thereto, either of the Legislative Asser:7bly of the State of Oregon, or by vote of the qualified electors of the L Cityrof Ashland, Oregon, to provide for an additional section to said charter, to be numbered 19a,for the issuance of bonds of said city for the purpose of constructing, acquiring, enlarging and completing electric light and poorer plant or plants, for the 'crea- tion of a special electric light fund, and the control thereof, and to adopt, ratify, and confirm a contract authorized by the common council of the City of Ashland between the City of Ashland and C?lifornia-Oregon Pourer Corimany. BE IT E_NIACTED BY THE PEOPLE OF THE CITY OF AS11LA17D: That the charter of the City of Ashland, the same being that certain act of t;ie Legislative Assenoly of the State of Oregon, filed in the office of the secretary of state, October 14, 1908, er- titled "An Act to amend an Act entitled 'An Act to incorporate the City of Ashland, in Jaclcson County, Oregon, and to define the poker thereof', filed in the office of the Secretary of State February 21, 1889, and the Acts approved February 25, 1897, amending the sanne," as amended by all Acts subsequent thereto, eit:ner of the Legisif:ive Assembly of the State of Oregon, or by vote of the qualified elec tors of the City of Ashland, Oregon", be and the sane hereby is amended by adding to the said charter as the sane nods exists an 3 I u additional section to be known as Section 19a, to-wit: Sec. 19a. The common council in addition to the powers and authority granted and reserved by Section 19 of this charter is authorized and empowered, without any other or furth- er vote or authorization by the qualified electors of the city, 4 to enlarge, extend, renew, replace and re-build any electric I i ( distributing iilant or plants now owned and operated by the city, and for such purpose to purchase any and all necessary material and apparatus therefor, and may contract for and purchase any I plant or plants from any corporation engaged in the distribution I and sale of electricity wit;iin the city, and said common council is further authorized and empowered for any of such purposes, and when deemed necessary, by resolution or ordinance to borrow money on behalf of the city, pledge its credit, and issue negotiable 00 bonds in an amount in the aggregate not to exceed e,, "-V , and are hereby further authorized and empowered to impose and levy annually in the same manner as other taxes of said city are imposed and levied such taxes upon all taxable property in said .I - city as shall be necessary to provide for the ;payment of the I interest on all the bondsvlhereby authorized as suc'n interest shall become due and payable, and to constitute and create a sinking fund for the payment and. redemption of said bonds at maturity, and are also authorized and empowered to provide by ordinance or reso- lution at or before-the time of the issuance of said bonds for the levy of such taxes, and for the creation of such sinking fund and the retirement of said bonds, and there is hereby created a special fund of said city to be known as the "Electric Fund", which shall be kept by the officers of the city separate from other funds now or hereafter created, and there shall be kept in said electric fund all income and monies vihich shall be paid to the City frori the sale of bonds; the sale of unusable and undesirable electric machinery and apparatus and monies received from the sale and distribution of electricity to the inhabitants of the City, and there shall be paid 4` .4 i out of said fund by order or -wp','-rant of the coin-,ion council, or in accordance arith the provisions of any contract of the city, all monies necessary and proper fo-r• acquiring any and all electric machinery and. apparatus; for the maintenance, enlargement, exten- sion and improvement of the electric plant of the city; all amounts itecessF r r to pay for the pilr Cila Se and acquisition of electricity for the city 'tinder any contract and in accordance with the terms I thereof; wages, salaries of employees engaged by the City in electrical work and the operItion of its electric plant, interest on the bonds hereby and heretofore autsiorized for purchasing and acquiring an electric plant, and for the redemption of such bonds. That certain contract or agreement between the City of Ashland, as party of the first part, and Cali=`ornia-Oregon Power Company, as party of the second part, executed by the mayor and it recorder of the city in behalf of the City of Ashland, and by the president a>.nd secretary of the said company oh behalf of said i collpany, on the of 1g15, as authorized by I the common council of the city by resolution adopted on the 10th ^St day of 1915i and all the terms and conditions thereof as the same appear and are set forth in said resolution of the co;nmon council, be and the wane is hereby in all things ratified, adopted f and confirmed, and declared to be the bindin, contract and obliga- tion of the City of Ashland and the Ca;0-ifornia,-0"regon Po7;er Com",Par~y. ✓ The following are designated as the voting places of each of the wards of said city Qfox fsaid,, seecial election: First Ward: 'l747L~r°l? ~~1~ F f ~LEl2 ~ ~!IF/~!' *J,~ _ _ Second Vaxd: Third .rd. {J~.//f/y And 11}e following na_ned persons are appointed judges of said election: 5 I oji f 4. - First Ward: ✓ ~F'r_ C Q CT} Gt ~~_~7i`> ~~j~r~ 'r+ 1 p t ~ Second 'Ward: 71- Third 1'f and' G The t- o judges last named in each Ward s}iail also act as clerks of election. The polls shall be opened from a o'clock in the forenoon until u o'clock in the afternoon of said day, and said election by conducted in accordance with City Ordinance No. 357, Article IV of the charter of said city and the general lal*rs of Oregon, as far as practicable. The recorder for the city is },ereby directed to give no- tice of such special election and the appointment of judges of election by publication in a newspaper published in the City of Ashland, and of the proposed amendment to the charter of said city to be voted upon and by posting copies of such notice in each of the yards of said city at least ten days prior to said election as required by the lays of the State of Oregon and the ordinances of said city as in such cases made and provided. The foregoing resolution is approved this & day of 915~ }dayor f tine City of Ashland, Attest: Oregon. - - .44-f 3 - of Ashland, He orde Cit c Oregon. 6 •